Second Constitution of the People's State of San Andreas
SECOND CONSTITUTION OF THE PEOPLE'S STATE OF SAN ANDREAS PREAMBLE The founding of the People’s State of State of San Andreas, through the strong, and determined will of the people, under the benevolent guidance of the government lead by President Caldeo, created a country where oppression of the people is outlawed, where the government is ran by the people, where the masters of the country are the people, and where progress is made by the people, through their extensive labor, and their ever growing love for their country, whilst instilled by the government of revolutionary values, such as unity, friendship, and peaceful co-existence. The San Andrean people, guided by the ideas brought forth by its founders, relying on the gains of its government system, striving for the further development of their nation, conscious of their responsibility to the world, and preserving the ideas and principles of the first constitution of the People’s State of San Andreas, hereby affirms the principles, policies, ideas, and aims of the country, and proclaim these in this constitution. CHAPTER I. GENERAL PRINCIPLES Article 1. The People's State of San Andreas is a secular, free and democratic nation under a presidential republic system. The government system is based on the realization of the state's goals of a progressive nation, whilst securing the peace and happiness of its people, as well as with other nations. Any sabotage of this system is prohibited. Article 2. All power in the People's State of San Andreas belongs to both the government and its people. The people can exercise government power through the People's Assembly, as well as in elections. The people administer state affairs and manage economic, cultural and social affairs through various channels and in various ways in accordance with the law. Article 3. All the government agencies of the People's State of San Andreas apply the principle of democracy. The President, and the People's Assembly are instituted through democratic elections. They are responsible for the welfare of the people, and the people is subject to their supervision. Article 4. Every citizen in the People's State of San Andreas is equal. The government protects the lawful rights and interests of its citizens and upholds and develops the relationship of equality, unity and mutual assistance among its citizens. Any forms of discrimination is prohibited. The government helps the citizens speed up their economic and cultural development in accordance with the peculiarities and needs of the different minority nationalities. The citizens have the freedom to use and develop their own spoken and written languages, and to preserve or reform their own ways and customs. Article 5. The People's State of San Andreas upholds the uniformity and dignity of its legal system. No law shall oppose the constitution. All government agencies, the armed forces, all political parties and public organizations and all enterprises and undertakings must abide by the Constitution and the law. All acts in violation of the Constitution and the law must be investigated. No organization or individual may enjoy the privilege of being above the Constitution and the law. Article 6. The People's State of San Andreas allows free economy. Any business by any citizen are free to decide if it is to be privately owned or to be owned by the government. They are also have decision-making power in operation and management, as well as conducting independent economic activities, within the limits prescribed by the law. Article 7. The resources of the People's State of San Andreas is owned by both the government, and the people. The government ensures the rational use of natural resources and protects rare animals and plants. The damage of natural resources by any organization or individual by whatever means is prohibited. Article 8. The lands of the People's State of San Andreas is both owned by the government and the people. The citizens are allowed to privately own lands in the country's territory, except for the lands that are currently and used by the government, such as offices, public spaces, military bases, etc. The government may own lands, but the ownership must be in accordance to law. Unlawful ownership transfer of the land is prohibited. The lands of the People's State of San Andreas must be used appropriately. Article 9. All properties, public or private, are sacred and inviolable. The government protects all properties in the People's State of San Andreas. Damage to property in whatever means is prohibited. Article 10. The government protects the right of citizens to own lawfully earned income, savings, houses and other lawful property. The government protects by law the right of its citizens to own private properties. Article 11. The government continues to raise labor productivity, to improve the economy, and the to develop the productive forces through enhancing the enthusiasm of the working people, improvement of their working skills, using advanced science and technology, and improving economic organization. The government is strict on production wastes, and tries to eliminate it. The government properly apportions accumulation and consumption, pays attention to the interests of the workers as well as of the government and, on the basis of expanded production, gradually improves the material and cultural life of the people. Article 12. The People's State of San Andreas permits foreign enterprises, foreign economic organizations, and foreign investors in the country and to enter into various co-operation with San Andrean enterprises and other economic organizations in accordance with the People's State of San Andreas' laws. All foreign enterprises, economic organizations, joint ventures with San Andrean and foreign investment located in San Andreas, shall abide with People's State of San Andreas' laws. Their lawful rights and interests are protected by the People's State of San Andreas' laws. Article 13. The government develops educational undertakings and works to raise the scientific and cultural level of the whole nation. The government develops educational facilities of various types in order to wipe out illiteracy and provide education for its citizens. Article 14. The government promotes the development of natural and social science, disseminates scientific and technical knowledge, and commends and rewards achievements in scientific research as well as technological discoveries and inventions. Article 15. The government promotes the development of arts and literature, the press, broadcasting and television undertakings, publishing and distribution services, and cultural undertakings, that serve the citizens, and sponsors mass cultural activities. The government protects places of scenic and historical interest, valuable cultural monuments and relics and other important items historical and cultural heritage. Article 16. The government trains specialized personnel in all fields who serve the country, increases the knowledge of its citizens, and creates conditions to give full scope to their role in the creation of a progressive nation. Article 17. The government strengthens the discipline of its citizens through spreading education in high ideals and morality, general education and education in the laws of the country and the legal system, and through promoting the formulation and observance of rules of conduct and common pledges by different sections of the people. The government advocates the civic virtues of love for the country, for the people, for labor, for science and for democracy; it educates the people in patriotism, internationalism and friendship and in dialectical and historical materialism; it combats all ideas that opposes the one's that are promoted by the country. Article 18. The government promotes family planning so that the population of the country my fit the plans for the development of the country. Article 19. The government protects and improves the living and ecological environment, and prevents pollution and other hazards. The government promotes the protection of the country's forests. Article 20. All government agencies carry out the principle of simple and efficient administration, the system of work responsibility, training functionaries and rewarding their work in order to improve the quality of work and efficiency. All government agencies and functionaries must rely on the support of the people, keep in close touch with them, heed their opinions and suggestions, accept their supervision and work hard to serve them. Article 21. The government keeps public order and suppresses activities that is a threat to national security. It penalizes actions that endanger public security and disrupt the economy and other criminal activities, and punishes and reforms criminals. Article 22. The administrative divisions of the People's State of San Andreas is as follows: (1) The country is divided into Territories, which are under the Central Government. (2) Both Territories shall be divided into Provinces. (3) Provinces are divided into cities, and claims. Article 23. The government may establish additional administrative regions if necessary. The systems to be instituted in the additional administrative regions shall be prescribed by law enacted by the People's Assembly in the light of the specific conditions. Article 24. The People's State of San Andreas protects the lawful rights and interests of foreigners within its territory territory, and while on its territory foreigners must abide by the law of the People's State of San Andreas. The government may grant asylum to foreigners who request it for political reasons. Article 25. The People's State of San Andreas renounces war as a tool of national policy, pursues a policy of peaceful co-existence with other countries, adopts the generally accepted principles of international law as part of the law of the land, and stands for strengthening of the security of nations and international co-operation. Article 26. The foreign policy of the People's State of San Andreas is aimed at ensuring national security and safeguarding the interests of the nation, supporting the struggle of nations for national liberation and progress, preventing wars, and consistently implementing the principle of peaceful co-existence with other countries. Article 27. Countries that wants to establish relations with the People's State of San Andreas must: (1) Have territorial integrity (2) Have permanent citizens (3) Have a legitimate government (4) Have a peaceful policy of foreign affairs (5) Complies with conditions set in this constitution Article 28. The armed forces of the People's State of San Andreas belongs to the citizens. Their tasks are to strengthen national defense, resist aggression, defend the territory of the country, safeguard the people's safety, participate in national reconstruction, and work hard to serve the people. The government strengthens the modernization and regularization of the armed forces in order to increase the national defense capability. CHAPTER II. RIGHTS AND DUTIES OF CITIZENS Article 29. The following are citizens of the People's State of San Andreas: (1) Those who are citizens of the People's State of San Andreas at the time of adopting this constitution (2) Those whose fathers and mothers are a citizen of the People's State of San Andreas (3) Those who are naturalized in accordance with the law Article 30. San Andrean citizenship can be acquired and lost in accordance with the law. Article 31. A San Andrean may have multiple citizenship, as long as he keeps his/her loyalty to this nation. Article 32. All citizens of the People's State of San Andreas are equal before the law. Every citizen enjoys the rights and at the same time must perform the duties prescribed by the Constitution and the law. Article 33. All citizens of the People's State of San Andreas who have reached the age of 13 have the right to vote, and stand in for elections, regardless of nationality, race, sex, occupation, family background, religious belief, education, property status, or length of residence, except persons deprived of political rights according to law. Article 34. Citizens of the People's State of San Andreas enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration. Article 35. Citizens of the People's State of San Andreas enjoys the right to religious freedom. No government agency, public organization or individual may compel citizens to believe in, or not to believe in, any religion, nor may they discriminate against citizens who believe in, or do not believe in, any religion. The government protects normal religious activities. No one may make use of religion to engage in activities that disrupt public order, or impair the health of citizens. Religious bodies and religious affairs are not subject to any foreign domination. Article 36. The freedom of the citizens of the People's State of San Andreas is inviolable. No citizen may be arrested except with the approval or by decision of a court, and arrests must be made by a public security agency. Unlawful deprivation or restriction of citizens' freedom of person by detention or other means is prohibited, and unlawful search of the person of citizens is prohibited. Capital and corporal punishments are prohibited. Article 37. The personal dignity of citizens of the People's State of San Andreas is inviolable. Insult, libel, false charge or frame-up directed against citizens by any means is prohibited. Article 38. The residence of the citizens of the People's State of San Andreas is inviolable. Unlawful search of, or intrusion into, a citizen's residence is prohibited. Article 39. The freedom and privacy of communication of citizens of the People's State of San Andreas are protected by law. No one may, on any ground, infringe upon the freedom and privacy of citizen's communication, except in cases where, to meet the needs of national security or of investigation into criminal offenses. Article 40. Citizens of the People's State of San Andreas has the right to criticize and make suggestions to the government. Citizens have the right to make to relevant government agencies complaints and charges against, or exposures of, violation of the law or dereliction of duty by any government agency or functionary; but fabrication or distortion of facts with the intention of libel or frame-up is prohibited. In case of complaints, charges or exposures made by citizens, the government agency concerned must deal with them in a responsible manner after confirming the facts. No one may suppress such complaints, charges and exposures, or retaliate against the citizens making them. Citizens who have suffered losses through infringement of their civil rights by any government agency or functionary have the right to compensation in accordance with the law. Article 41. Citizens of the People's State of San Andreas have the right as well as the duty to work. The government creates conditions for employment, strengthens labor protection, improves working conditions and, on the basis of expanded production, increases remuneration for work and social benefits. Work is the duty of every able-bodied citizen. All working people should perform their tasks with an attitude in agreement with their status as masters of the country. Article 42. Working people in the People's State of San Andreas have the right to rest. Article 43. The needy and disabled citizens of the People's State of San Andreas have the right to material assistance from the government. Article 44. Citizens of the People's State of San Andreas have the duty as well as the right to receive education. Article 45. Citizens of the People's State of San Andreas have the freedom to engage in scientific research, literary and artistic creation and other cultural pursuits. Article 46. Women in the People's State of San Andreas enjoy equal rights with men in all aspects of life, political, economic, cultural and social, and family life. The government protects the rights and interests of women. Article 47. Marriage, the family, and mother and child are protected by the government. Both husband and wife have the right to practice family planning. Parents have the duty to rear and educate their minor children, and children who have come of age have the duty to support and assist their parents. Violation of the freedom of marriage is prohibited. Mistreatment of old people, women and children is prohibited. Article 48. The People's State of San Andreas protects the legitimate rights and interests of San Andrean nationals residing abroad and protects the lawful rights and interests of returned overseas San Andrean and of the family members of San Andrean nationals residing abroad. Article 49. It is the duty of citizens of the People's State of San Andreas to safeguard the unity of the country and the unity of all its citizens. Article 50. Citizens of the People's State of San Andreas must abide by the constitution and the law, keep state secrets, protect public property and observe discipline and public order and respect social ethics. Article 51. It is the obligation of every citizen of the People's State of San Andreas to defend the country and resist foreign aggression. It is the duty of citizens of the People's State of San Andreas to perform military service in accordance with the law. CHAPTER III. GOVERNMENT STRUCTURE SECTION 1. THE PRESIDENT OF THE PEOPLE'S STATE OF SAN ANDREAS Article 52. The President of the People's State of San Andreas is elected by the voting citizens of the country. Citizens of the People's State of San Andreas who have the right to vote and to stand for election are eligible for election as President of the People's State of San Andreas. The President takes office one week after elections. The President is elected to a term of 1 year. Article 53. The President of the People's State of San Andreas releases proclamations, appoints and removes any member of the government and the military, awards medals and titles, issues special pardons to prisoners, proclaims martial law, proclaims state of war, and issues mobilization orders. The President is also the head of the People's Assembly, and the commander of the armed forces. Article 54. If the office of the President falls vacant, a member of the People's Assembly is elected to become acting president, until an election is scheduled. SECTION 2. PEOPLE'S ASSEMBLY ' Article 55. The People's Assembly is the highest legislative agency of the government. Article 56. The People's Assembly shall consists of a number of seats which is subject to change depending on the total number of citizens. A member of the Assembly can take two seats. Article 57. The People's Assembly is elected to a term of 1 year. Article 58. The People's Assembly shall meet when the President orders it, or if majority of the seats propose it. Article 59. The People's Assembly exercises the following functions: (1) To amend the constitution (2) To supervise the enforcement of the constitution (3) To enact and amend proclamations (4) To alter inappropriate decisions (5) To approve the establishment of administrative divisions (6) To decide on questions of war and peace (7) To serve as one of the members of the People's Court Article 60. The People's Assembly has the power to recall the following: (1) The President of the People's State of San Andreas (2) High ranking members of the military (3) People's Assembly members '''SECTION 3. THE PEOPLE'S COURT ' Article 61. The People's Court is to be composed of the President and one member of the People's Assembly. Article 62. The People's Court is the highest judiciary agency of the government. Article 63. The People's Court is to provide quick and fair trials. Article 64. Any decisions of the People's Court must not interfere with other government agencies, or other citizens who are not related to any case. 'SECTION 4. NATIONAL DEFENSE COMMISSION ' Article 65. The National Defense Commission is the highest agency of the government when during in a state of war. Article 66. The NDC is to be consisted of the President, and the members of the People's Assembly. Article 67. The President is to be the head of the NDC, as well as the Supreme Commander of the military. Article 68. The NDC has the right to suspend the constitution in times of war, if deemed necessary. Article 69. The NDC can make military decisions, such as deployments, rationing of supplies, etc. Article 70. The NDC must be disbanded once hostilities cease. '''SECTION 5. TERRITORIAL GOVERNMENT Article 71. The People's State of San Andreas is consisted of two Territories: the Home, and the Overseas Territories. Article 72. The Home Territory refers to areas that is directly controlled by the Central Government. Article 73. The Overseas Territories refers to areas that is indirectly controlled by the Central Government. Article 74. The Home Territory shall be governed by a People's Assembly member appointed by the President. Article 75. The Overseas Territories shall be governed by an citizen of the said territories or a People's Assembly member from the said territories, which is appointed by the President. Article 76. Territorial governors shall receive instructions from the Office of the President only. CHAPTER IV - SYMBOLS OF THE COUNTRY Article 77. The People's State of San Andreas has a national flag which is a horizontal tricolor, consisting of yellow, green and blue bands from top to bottom. The yellow band symbolizes the aims of the nation for a progressive future, and as well symbolizes the sunny skies of the country. The green band symbolizes prosperity in the country, and also symbolizes the green fields of the country. The blue band symbolizes the equality of the peoples in the country, and also symbolizes the vast seas of the country. Article 78. The People's State of San Andreas has a national emblem. The emblem consists of objects that resemble the national flag, which includes the sun, the land, and the sea. The sun represents the goal that the nation wishes to reach. The land, as well as the buildings and factories, represent the progress of the nation, and the sea represents the equality of the people. The emblem is bordered by rye, which symbolizes the prosperity of the nation. Article 79'. The People's State of San Andreas has a national anthem named "Long Live Our People's State". Article 80'. The motto of the People's State of San Andreas is "One Nation, One Goal". Article 81. The capital of the People's State of San Andreas is Urbonia. Article 82'. The official time zone of the People's State of San Andreas is the San Andreas Standard time, which is 8 hours, and 33 minutes ahead than of the Coordinated Universal Time. '''Article 83'. The official currency of the People's State of San Andreas is the San Andreas Ora. CHAPTER V - LEGAL FORCE OF THE CONSTITUTION AND AMENDMENTS Article 84. The Second Constitution of the People's State of San Andreas shall have supreme legal force. All laws shall be enacted on the basis, and in accordance to the Constitution. Article 85. The Constitution may be amended by the President of the People's State of San Andreas, adopted by a majority of the members of the People's Assembly. SIGNATURES Done in Urbonia, PSSA, on July 4, 2012. MIGS CALDEO, President of the People's State of San Andreas.